Patent procedure
The patent procedure is shown schematically on the right.
This procedure consists of four stages:
- Notification of IDF to the and preparation of the patent application
- Submission priority application
- Submission of international application
- Entry of national/regional phase
1. Submission of IDF
To start the evaluation process, researchers of the Ghent University Association are asked to notify the research results to the IP & Licensing team of the TechTransfer Office, by completing a so-called invention disclosure form (IDF).
Based on this document, the IP adviser will assess whether patent protection of the research results is feasible. In any case, to be patentable, an invention must be new, inventive and industrially applicable. Market potential and enforceability are also considered. If it is decided that patenting is appropriate, a patent application is drawn up.
If applicable, other forms of IP protection can be advised.
2. Submission of priority application
Once the text of the patent application has been finalised, a patent application (priority application) is filed. The date of this filing is called the priority date.
About 6 months after filing, we receive the examination report prepared by the patent office. This examination report lists the relevant 'prior art' documents, i.e. documents disclosed before the priority date. The examination report also includes an opinion on the patentability of the invention. This examination report is an important element in deciding whether to renew the patent application after the first year or not.
3. Filing an international patent application (PCT)
From the priority date, one has one year to extend the application and to file an international patent application (PCT application).
Eighteen months after the priority date, the international patent application is published.
4. Entry into the national/regional phase
From the priority date, one has 30 months to decide in which countries to pursue the international application. This 30-month deadline is an important milestone in the patent procedure. Because of high costs, continuation is only considered if there is already a commitment from a commercial partner or a concrete valorisation strategy has been defined.
Once the national/regional phase has entered, the applications are evaluated by the national or regional patent offices, such as the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO).
After this evaluation, the patent offices can decide to grant the patent. The period between filing and granting the patent is difficult to predict, it is usually between 4 and 6 years from the priority date.